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[email protected]
·
Mon - Fri 09:00-17:00
·
1.604.438.1828

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patent appeal board
This endless loop of rejections from PAB for want of patent eligibility or patent eligible subject matter is enough to get any patent applicant blue.
When Barry and Wyatt Dusome first took on the Canadian Intellectual Property Office (CIPO) without legal representation, they beat long odds. We wrote about that rare victory in the area of patent eligibility. In 2025, the Federal Court found that the Commissioner of Patents had erred by failing to apply proper purposive construction to their...
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An optical caustic is the bright pattern of light created by the reflection or refraction of rays from a curved surface. The federal court has returned a patent eligibly matter to CIPO with instructions to use purposive construction.
Imagine you are in court alone without a lawyer, making complex arguments on behalf of yourself and your co-inventor, as to why the patent office made a mistake in rejecting your patent application. Specifically that your invention is patent eligible. Everyone opposing you is a paid professional. It is not hard to see that the...
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A three-dimensional fractal that looks like a robot's skull. Law is often said to be fractal in nature. There are rules and exceptions and exceptions to the exceptions. AI Inventorship Canada Patent Law
The Canadian Commissioner of Patents published a decision rejecting a patent application by an artificial intelligence system and naming the AI as an inventor. In keeping with established practice, the commissioner accepted the advice of members of the Patent Appeal Board that an artificial intelligence system cannot be named as an “inventor”. The applicant, Stephen...
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Abstract ideas can't be patented.
Recent decision of Canada's Patent Appeal Board (PAB) show the importance of suitable claim language for computer implemented inventions.
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